News

The Texas Supreme Court, in December 16, 2011, reversed a lower court ruling in favor of Shell Oil Company et al, as Petitioners, in an interesting case where the plaintiff sued Shell Oil claiming that the oil company had underpaid on lease royalties using a scheme which was purposely designed to prevent the lessor, a trust of the Ross family, from discovering the underpayment until the statute of limitations had run out. The court, in essence, held that the lessor had had ample opportunity to discover and realize the error, and demand remedy. Read More...

On December 16, 2011, the Texas Supreme Court ruled on an appeal of Marsh USA Inc., and Marsh & McLennan Companies v. Rex Cook, reversing the ruling of the Court of Appeals for the Fifth District of Texas. In this case, the petitioners, Marsh USA Inc. et al, argued that a covenant not to compete that was signed by Mr. Cook was in fact enforceable, as the stock options which were provided to Mr. Cook reasonably related to the company's interest in protecting its business interests. Read More...

Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named T. Drew Cauthorn as the “San Antonio Best Lawyers Corporate Law Lawyer of the Year” for 2012.  Read More...

The Texas Supreme Court recently decided Lesley v. Veterans Land Board, an important case regarding the duties of executive rights holders to owners of non-executive mineral interests. The case involves development in the highly productive Barnett Shale in North Texas. Bluegreen, a land developer, obtained 4,100 acres of land southwest of Fort Worth for a housing subdivision. The sellers retained their mineral interests in the property, but conveyed to Bluegreen the “executive rights,” referred to in the deed as “the full, complete and sole right to execute oil, gas and mineral leases” covering the property. Read More...

Boxy Hornberger presented a key paper at a recent meeting of the San Antonio Estate Planners Council. The purpose was to educate attorneys and trust officers as to the expected legal fees in trust and estate litigation, as well as how those fees may be allocated among the parties. Read More...

In the case of Rachal v. Reitz, 2011 WL 2937442, Case No. 05-09-01422-CV, July 22, 2011, the Settlor of a trust provided in the trust document for mandatory arbitration of any disputes involving the trust. A beneficiary sued the trustee and the trustee moved to compel arbitration under the arbitration provision in the trust instrument. The trial court refused to compel arbitration and that decision was upheld on appeal to the Dallas Court of Appeals. Read More...

Super Lawyers, a publication of Thomson Reuters, has named five Hornberger Sheehan Fuller & Beiter, Incorporated attorneys as "Super Lawyers" on its website, www.SuperLawyers.com. According to the site, "Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations." Read More...

Since Hornberger, Sheehan, Fuller & Beiter, Incorporated first launched a website in 1999, the online world has dramatically evolved. People are exploring new and intriguing ways of communicating considered almost impossible only a decade ago. The business world – including the legal component – has experienced considerable change. Once regarded as innovative, the fax machine serves far less purpose than email; the cell phone keeps everyone in touch, through both voice and text. Read More...